'No Advocate Benefited By Unruly Behaviour In Court, May Ultimately Spoil Litigant's Case': Supreme Court In Case Of Lawyer Who Misbehaved Before HC

While hearing a plea filed by a lawyer against whom contempt proceedings were initiated by High Court for misbehaving in court room, the Supreme Court of India has observed that for smooth running of the administration of justice in the courts, a cordial relation between the Bar and the Bench is sine qua non and is a must.

The Bench observed that no advocate is benefited by unruly behaviour in the Court, it spoils the atmosphere in the courtroom and ultimately may spoil the case of the litigant who may have to suffer for no fault of him.

A Bench comprising Justice MR Shah and Justice BV Nagarathna had earlier made strong remarks against the lawyer's behaviour but had allowed him to file an unconditional apology.

"For smooth running of the administration of justice in the courts, a cordial relation between the Bar and the Bench is sine qua non and is a must. No advocate is benefited by unruly behavior in the Court. Ultimately it spoils the atmosphere in the court room and ultimately may spoil the case of the litigant and the litigant may have to suffer for no fault of him".

The lawyer then tendered an unconditional apology and filed an affidavit undertaking before the Supreme Court that in future no such untoward act will take place at his behest.

The Bench, therefore, observed that the petitioner will abide by the undertaking filed by him before the Supreme Court as well as filed before the High Court and to see to it that no such untoward incident shall happen again in future.

After an apology was filed by the petitioner, the Court had directed him to appear before the High Court Judge who passed the impugned order and tender unconditional apology and had requested the High Court to take into consideration the unconditional apology.

"We are sure that the learned Judge will show the grace to maintain the cordial relation between the Bar and the Bench," the Bench had observed.

The Bench noted that the petitioner had appeared before the Single Judge who passed the impugned order and tendered unconditional apology. The court further observed that the Single Judge 'has shown the grace' and accepted the unconditional apology tendered and recalled its earlier order dated 22.08.2019.

The proceedings before the Supreme Court have therefore been disposed of.

In the present matter, the High Court of Uttarakhand had passed an order on 22 August 2019, referring the matter to the Bar Council of Uttarakhand for taking disciplinary action against the petitioner, for misbehaving with the Court.

The Bench had directed the Bar Council to take disciplinary action against the counsel and respond back to the Court for the action taken thereafter.

Thereafter, a Recall Application had been filed by the counsel in which, the grounds taken for recall was that on the date when the incident of misbehaviour occurred, he was ailing and unable to argue the case and that is why he submitted that the Court may pass an appropriate order as Court is not hearing him.

The High Court refused to accept his explanation saying that on the same day, there was another case of the counsel, which was listed and he had argued the same.

"It is highly impresumable that after couple of cases thereafter, he made such a statement that the Court may proceed to pass whatever order the Court feels like because the Court is not willing to hear him," the High Court had noted.

While observing that an apology itself amounts to an admission of the incident, the Bench had further stated that a person who can venture out to humiliate the Court by the language used in the proceedings of the Court is contemptuous.

Refusing to accept the reasons and explanation given by the petitioner, the High Court had rejected his recall Application. The Bench had also issued a direction to the Bar Council of Uttarakhand to report back to the Court as to what action they have taken in pursuance to their order.